Some thoughts.
While filing I-485, you also have to file Personal Biographic form in which, you have to indicate your employment history both past and present. This form itself will indicate to INS that you are not with the sponsering employer. So why not include the current employment letter...
AC21
AC21 says that I-485 "cannot be denied" on grounds of job change/employer change, if I-485 remains unadjudicated for more than 180 days. Secondly, AC21 does not specify when a job change can occur. Thirdly, the immigration law also mentions that the alien is not required to...
I-485A
I-485A is used to take advantage of the LIFE Act 245(i). I-485A allows you to file I-485 even after you have been out of status provided certain conditions are met (as defined by the Act). Since your new H1-B came without I-94 attached to it at the bottom, it is obvious that INS thought...
After getting the project by yourself......
Did you join the previous company? Or did you join some other company with same or similar job description? If so, then the RFE could also be for new employment letter (as per AC21), pay-stubs, W2, etc.
I-485 could be rejected.....
due to lack of initial evidence as a result of which you would end up loosing 2-3 months. The I-485 filing requires a copy of valid I-140 (atleast) while filing since the entire application is based on I-140 petition (for employment-based cases). INS does an...
An alien is not required to work for the sponsoring employer before getting the GC
No where has the regulations mentioned that he can use 180 days provision only if he is working with the sponsering employer at the time of filing of I-485 days. The AC21 can only be an extension of the existing...
If you are asked for only 3 recent pay-stubs.......
.... then you need to send only 3 pay-stubs. If you are paid every 15 days, you can send the April 15, April 30, May 15 pay stubs. If you are paid monthly, wait till you get May 31 pay stub and then submit the March, April & May...
Paystubs are generally asked ......
.... To show proof that the employer can afford to pay the prevailing wage and it shows one intends to work for the sponsoring employer. It is not essential but it shows intent according to the INS, since past action is an indication of future conduct...
If you have a valid H1.......
...... and you have not used your EAD, you can travel using your H1. You do not need the AP. Make sure to carry the I-485 receipt notice with you.
But if it takes more than 180 days......
Agreed that AC21 would apply only if > than 180 days. But if it takes more than 180 days, will it not work? If adjudicated within 180 days, then bad luck.
But if the alien has a same or similar job offer?
Does it not mean that the \'job\' is immediately available? Why should it matter if its with a different company, since the AC21 allows for a change of employer anyway. I would agree with your argument that it would mean an immigration fraud...
AC21
Jim,
Since I-485 is filed by the employee, if the employee has a new employment offer (same or similar) and an approved I-140, can he not take a chance of filing the I-485 and take the AC21 route (hoping of-course that it does not get adjudicated within 180 days).
If the law does not...
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